Writ of Possession Statutes are Different for Residential & Commercial Evictions

January 2, 2011

In Florida, if and when a Court issues a Final Judgment for Removal of Tenant, the landlord still does not have the right to kick a tenant out of the premises. Once the Final Judgment is entered, (1) the Clerk of the Court needs to issue a Writ of Possession, and (2) the Sheriff needs to enforce the Writ by going over to the Premises to transfer possession back to the landlord.

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Residential & Commercial Landlord – Tenant Statutes Are Different

January 1, 2011

Part I of Chapter 83 (Statutes 83.001 to 83.251) only covers Nonresidential (Commercial) tenancies; and Part II of Chapter 83 (Statutes 83.40 to 83.682) only covers Residential tenancies. One cannot use Statutes in Part I to cover residential tenancies, and vice-versa.

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